Does Lighting Fireworks Constitute Free Speech?

By Darren Smith, Weekend Contributor

With the coming this week of this year’s Independence Day, I thought we would revisit an article from 2016 and pose a question to you. Does the use of fireworks constitute protected free speech?

A tradition spanning multiple generations in the United States is that a large portion of our society celebrates and shows tribute to the United States through the lighting and observance of fireworks. Yet numerous municipalities and counties impose sweeping and total bans of fireworks. Some statutes regulate the type of firework allowable, such as those having a ferocity that safety requires certified technicians. Others ban benign devices such as snakes and small fountains.

But does a complete ban on fireworks regardless of size constitute an infringement on the first amendment rights of citizens?

Municipalities having such total bans often provide or at least facilitate public exhibitions of professional fireworks displays. An esoteric argument can be made that such locations may constitute an exclusive free-speech zone permitted by the state whereas the private celebrations and expressions on private property by individuals are not permitted.

The usual argument for fireworks prohibition is that fires result from their usage and the state has an interest in preventing accidents. But can the state argue that the danger is so inherent that all fireworks must be prohibited; thus removing this free speech right?

By Darren Smith

The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.